Zolin

The sole issue presented by this petition for extraordinary relief is whether the Vehicle Code section 11205 requirement that the California Department of Motor Vehicles (Department) publish a list of all licensed traffic violator schools, permits a private cause of action against the state by a school negligently omitted from the published list? As we shall explain, we conclude that although section 11205 mandates the state to publish a complete and accurate list of all licensed traffic violator schools, it does not create a private cause of action against the state for negligently failing to include a traffic violator school on the referral list. Accordingly, we grant the petition.

Factual and Procedural Background

On January 25, 1993, Public Safety Educators, Inc. (PSE) filed its first amended complaint against the Department for damages arising from the Department’s failure to include PSE’s two traffic violator schools on the list of all approved licensed traffic violator schools distributed by the municipal courts to traffic violators wishing to exercise their option of attending traffic violator school in lieu of pleading guilty to traffic infractions. On April…